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PLANNING AND ENVIRONMENT ACT 1987 - SECT 57 Objections to applications for permits

PLANNING AND ENVIRONMENT ACT 1987 - SECT 57

Objections to applications for permits

    (1)     Any person who may be affected by the grant of the permit may object to the grant of a permit.

S. 57(1A) inserted by No. 100/2000 s. 8.

    (1A)     If the permit would allow the removal or variation of a registered restrictive covenant or if anything authorised by the permit would result in a breach of a registered restrictive covenant, an owner or occupier of any land benefited by the covenant is deemed to be a person affected by the grant of the permit.

S. 57(2) amended by No. 128/1993 s. 14(1).

    (2)     An objection must be made to the responsible authority in writing stating the reasons for the objection and stating how the objector would be affected by the grant of the permit.

S. 57(2A) inserted by No. 128/1993 s. 14(2).

    (2A)     The responsible authority may reject an objection which it considers has been made primarily to secure or maintain a direct or indirect commercial advantage for the objector.

S. 57(2B) inserted by No. 128/1993 s. 14(2).

    (2B)     If an objection has been rejected under subsection (2A) this Act applies as if the objection had not been made.

    (3)     If a number of persons make one objection, they may give the responsible authority the name and address of the person to whom the responsible authority is to give notice of the decision.

    (4)     If a number of persons make one objection, it is sufficient compliance with sections 64(1) and  65(1) if the responsible authority gives the notice—

        (a)     to the person named under subsection (3); or

        (b)     if no name and address is given under subsection (3) to one of the persons who made the objection.

S. 57(5) amended by No. 52/1998 s. 191(2)(e), substituted by No. 12/2021 s. 39.

    (5)     The responsible authority must make a copy of every objection available in accordance with the public availability requirements.

S. 57(6) inserted by No. 12/2021 s. 39.

    (6)     The responsible authority must make a copy of every objection available under subsection (5) until the end of the period during which an application may be made for review of a decision on the application.

S. 57A inserted by No. 81/2004 s. 21.